United States District Court, W.D. Missouri, Western Division
R. ALEXANDER ACOSTA, Plaintiff,
LEGEND OF ASIA, LLC et al., Defendants.
ORDER GRANTING PLAINTIFF'S MOTION FOR CONSENT
KAYS, CHIEF JUDGE UNITED STATES DISTRICT COURT
R. Alexander Acosta, Secretary of Labor, United States
Department of Labor (the “Secretary”), filed suit
against Legend of Asia, LLC (“Legend of Asia”),
its owner, Tong Lin, and her husband, Yu Min Xiao for
violations of the minimum wage, overtime, and recordkeeping
provisions of the Fair Labor Standards Act
(“FLSA”), 29 U.S.C. § 201, et seq.
before the Court is Plaintiff's Motion for Consent
Judgment (Doc. 45) against Legend of Asia and Yu Min Xiao.
Legend of Asia and Yu Min Xiao consent to this motion.
Accordingly, the motion is GRANTED and the Court rules as
Judgment encompasses the time period of September 3, 2012,
through July 31, 2015, at Legend of Asia, LLC, 1853 SW 7 Hwy,
Blue Springs, Missouri, 64014.
Legend of Asia, LLC, and Yu Min Xiao, individually
(“Defendants”), their officers, agents, servants,
employees, and those persons in active concert or
participation with them who receive actual notice of this
Judgment, are hereby permanently enjoined and restrained from
violating the provisions of 29 U.S.C. §§ 215(a)(2)
and 215(a)(5) of the FLSA, including in any of the following
Defendants shall not, contrary to 29 U.S.C. §§
206(a)(1) and 215(a)(2), fail to pay to their employees
engaged in commerce or in the production of goods for
commerce or employed in their enterprise engaged in commerce
or in the production of goods for commerce, wages at rates
not less than $7.25 per hour, or any rate subsequently made
applicable by amendment to the FLSA.
Defendants shall not, contrary to 29 U.S.C. §§ 207
and 215(a)(2), employ any of their employees in commerce or
in the production of goods for commerce, or in its enterprise
engaged in commerce or in the production of goods for
commerce, for workweeks longer than 40 hours without
compensating such employee for his or her employment in
excess of 40 hours per workweek at a rate not less than one
and one half times the regular rate at which he or she is
Defendants shall not, contrary to sections 29 U.S.C.
§§ 211(c) and 215(a)(5) of the FLSA, fail to make,
keep and preserve adequate and accurate records of their
employees, and of the wages, hours and other conditions and
practices of employment maintained by it as prescribed by the
regulations issued, and from time to time amended, pursuant
to § 211(c) of the FLSA and 29 C.F.R. § 516.
Defendants shall make such records available at all
reasonable times to representatives of the Secretary.
Defendants shall not classify any employee as exempt from the
minimum wage and/or overtime requirements of the FLSA unless
that employee is employed in a bona fide executive,
administrative, professional, or outside sales position under
29 U.S.C. § 213(a)(1), and as such terms are defined and
delimited by the regulations of the Secretary, and unless
that employee satisfies the salary level and other
requirements to meet one of the exemptions. Defendants shall
seek compliance assistance from the Wage and Hour Division of
the United States Department of Labor (“Wage and
Hour”) prior to classifying any employee as an exempt
Defendants shall provide to each employee a statement or
other record containing the hours worked by the employee each
workday (for purposes of this paragraph, a
“workday” is any fixed period of 24 consecutive
hours). Defendants shall include on each such statement or
record the telephone number at which to contact Wage and Hour
(1-866-487-9243), and a statement, in English as well as any
other language that is the primary language of any employee,
that such telephone number may be used to make confidential
and anonymous complaints about hours worked, wages paid, or
other conditions of employment.
Where Defendants employ employees who qualify as
“tipped employees, ” as defined by 29 U.S.C.
§ 203(t), Defendants shall provide written notice to
employees of their intent to use the employee's tips as a
credit against Defendants' minimum wage obligations. The
written notice shall contain the information required by the
Secretary's regulation at 29 C.F.R. § 531.59(b).
Defendants acknowledge that if they fail to provide such
notice, the tip credit may not be claimed, notwithstanding
any potential economic harm to the employees.
Where Defendants pay employees wages in the form of
“board, lodging, or other facilities, ” as these
terms are used in 29 U.S.C. § 203(m), Defendants shall
provide written notice to employees of their intent to use
the board, lodging, or other facilities as a credit against
Defendants' minimum wage and/or overtime obligations.
Defendants shall keep and preserve records substantiating the
actual costs to Defendants to furnish such board, lodging, or
other facilities to the employees.
Defendants shall make, keep and preserve payroll or other
a. A symbol, letter or other notation that identifies each
employee whose wages are determined and paid in part by
board, lodging, or other facilities; and
b. The amount per hour the employee is paid in the form of
board, lodging, or other facilities.
Defendants shall ensure former employees receive their final
paychecks following employment termination or discharge.
Defendants shall maintain documentation demonstrating all
reasonable, good faith efforts made by Defendants to locate
and forward final paychecks to former employees.
Defendants shall maintain a computerized time-keeping system
that enables Defendants to accurately record when employees
start and stop their work each day. This system shall be put
in place at all restaurant locations owned in whole or in
part by any of the Defendants. This system shall be put in
place within ninety (90) days from entry of this Judgment and
Defendants shall provide adequate training to their employees
on use of the system. Defendants shall not permit any
employee to work prior to clocking in or after clocking out.
Defendants shall have a third party, approved by the Wage and
Hour, audit the Defendants' time and payroll
recordkeeping practices for compliance with the FLSA once
within the first two weeks beginning six months after entry
of this Judgment. Defendants shall require the third-party
auditor to prepare a written report that contains the
auditor's findings on FLSA compliance and any suggestions
for improving compliance. Defendants shall make such reports
available to Wage and Hour representatives upon request. If
the third-party auditor ...